{"id":"F1996B01930","name":"Mutual Assistance in Criminal Matters (Spain) Regulations","slug":"mutual-assistance-in-criminal-matters-spain-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"441 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29164,"registerId":"commonwealth-F1996B01930-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mutual Assistance in Criminal Matters (Spain) Regulations","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nStatutory Rules 1990 No. 4411\n\nMutual Assistance in Criminal Matters (Spain) Regulations\n\nI, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Mutual Assistance in Criminal Matters Act 1987.\n\nDated 17 December 1990.\n\nBILL HAYDEN\n\nGovernor-General\n\nBy His Excellency’s Command,\n\nMICHAEL DUFFY\n\nAttorney-General\n\nCitation\n\n1. These Regulations may be cited as the Mutual Assistance in Criminal Matters (Spain) Regulations.\n\nCommencement\n\n2. These Regulations commence on 31 January 1991.\n\n(S.R. 384/90)—Cat. No. 14/4.12.1990\n\n  \n\nInterpretation\n\n3. In these Regulations:\n\n“the Act” means the Mutual Assistance in Criminal Matters Act 1987:\n\n“the Treaty” means the Treaty between Australia and the Kingdom of Spain done at Madrid on 3 July 1989 (being the treaty a copy of the English text of which is set out in the Schedule to these Regulations).\n\nApplication of the Act\n\n4. The Act applies in relation to Spain subject to the provisions of the Treaty.\n\nSCHEDULE Regulation 3\n\nTREATY ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN AUSTRALIA AND THE KINGDOM OF SPAIN\n\nAUSTRALIA AND THE KINGDOM OF SPAIN\n\nDESIRING to co-operate in order to facilitate the administration of justice in criminal matters.\n\nHAVE RESOLVED to conclude a Treaty on mutual assistance in the following terms:\n\nARTICLE 1\n\nSCOPE OF APPLICATION\n\n1\\. The Contracting States shall, in accordance with this Treaty, grant to each other assistance in investigations or proceedings in respect of offences within the jurisdiction of the judicial authorities of the Requesting State at the time when assistance is requested.\n\n2\\. Assistance shall also be granted in relation to revenue offences and foreign exchange control offences.\n\n3\\. Assistance shall not include:\n\n(a) the arrest or detention of any person with a view to extradition:\n\n(b) the execution in the Requested State of criminal judgments imposed in the Requesting State except to the extent permitted by the law of the Requested State and Article 15 of this Treaty;\n\n(c) the transfer of prisoners to serve sentences; and\n\n(d) assistance with the investigation or prosecution of purely military offences.\n\n4\\. Subject to paragraph 5 of this Article, assistance may be given in the interests of justice even if the offence is not punishable under the law of the Requested State.\n\n5\\. Where the request for assistance seeks the search of private premises or the seizure or securing of property the request shall be executed only if the offence in respect of which assistance is requested is also an offence under the law of the Requested State.\n\n  \n\nSCHEDULE—continued\n\nARTICLE 2\n\nREFUSAL OF ASSISTANCE\n\nAssistance may be refused:\n\n(a) if the request relates to political offences or offences connected with political offences in the opinion of the Requested State. The mere allegation of a political reason or motive for the commission of the offence shall not of itself render the offence an offence of a political character. For the purposes of this Treaty the following shall not be considered political offences:\n\n(i) an attack against the life of a Head of State or a Head of Government or a member of his or her family;\n\n(ii) an offence against the law relating to genocide; or\n\n(iii) any offence specified in an international agreement to which both Contracting States are parties;\n\n(b) when the request could affect the sovereignty, the security or other essential public interests of the Requested State or for any other reason provided by its law;\n\n(c) when, in respect of the offence to which the request relates, the person has been finally acquitted or has served the sentence in either of the two States or in a third State; or\n\n(d) when the purpose of the request is to prosecute a person for reasons of race, religion, nationality, political opinion or sex or if that person’s position may be prejudiced for any of these reasons.\n\nARTICLE 3\n\nCOMPETENT AUTHORITIES AND CENTRAL OFFICE\n\n1\\. A request for assistance may be made by a person authorised by the law of the Requesting State being a judicial authority, public prosecutor, the Attorney General or his or her delegate.\n\n2\\. The Contracting State shall each appoint a Central Office to transmit and receive requests for the purpose of this Treaty. Until the relevant Contracting State designates another authority, the Central Office of Australia shall be the Attorney-General’s Department. Canberra and the Central Office for Spain shall be the Secretaria General Técnica, Ministry of Justice, Madrid. Where a Contracting State designates another authority for the purposes of this Article, it shall do so through the diplomatic channel.\n\n3\\. The request for assistance shall be conveyed by the diplomatic channel. Nevertheless, in cases of urgency, the request shall be made through the Central Office and shall be confirmed at the earliest possible opportunity through the diplomatic channel.\n\n4\\. The Contracting States may entrust their consuls with the execution of procedures permitted by the law of the Requested State.\n\nARTICLE 4\n\nEXECUTION OF REQUESTS\n\n1\\. A request shall be executed in accordance with the law of the Requested State and shall be limited to the assistance expressly requested.\n\n2\\. The Requested State shall promptly inform the Requesting State of a decision of the Requested State not to comply in whole or in part with a request for assistance and the reason for that decision.\n\n  \n\nSCHEDULE—continued\n\n3\\. Before refusing to grant a request for assistance, the Requested State shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the Requesting State accepts assistance subject to these conditions, it shall comply with the conditions.\n\n4\\. The Requested state shall notify the Requesting State of the results of the request.\n\nARTICLE 5\n\nTAKING OF EVIDENCE IN THE REQUESTED STATE\n\n1\\. The Requested State shall, on request, take the evidence of witnesses and experts.\n\n2\\. If the person summoned does not appear to give evidence, refuses or fails to give evidence, or gives false evidence, the Requested State shall apply the provisions and sanctions of its law.\n\nARTICLE 6\n\nATTENDANCE BY REPRESENTATIVES\n\n1\\. The Requesting State shall be informed of the date and place of the execution of the request if that State so requests.\n\n2\\. Where, pursuant to a request for assistance, a person is to give evidence for the purpose of proceedings in the Requesting State, the parties to the relevant proceedings in that State, their legal representatives or representatives of that State may, subject to the law of the Requested State, appear and question the person giving that evidence.\n\nARTICLE 7\n\nPROVISION AND RETURN OF DOCUMENTS AND OBJECTS\n\n1\\. In response to a request, the Requested State:\n\n(a) shall send certified copies of the documents unless the requesting State expressingly requests the originals: or\n\n(b) may refuse or postpone the delivery of material or original documents if its law does not permit it or if the material or documents are required for proceedings within its jurisdiction.\n\n2\\. Any material or documents which have been provided in response to a request shall be returned as soon as possible unless the Requested State waives their return.\n\nARTICLE 8\n\nSERVICE OF DOCUMENTS AND DELIVERY OF PROPERTY\n\n1\\. If the purpose of the request is the service of documents or the delivery of property, the Requested State shall serve the documents or deliver the property.\n\n2\\. Service or delivery shall be effected in accordance with the law of the Requested State and shall be proved by a receipt signed and dated by the addressee or by a certificate issued by the Central Office or other competent authority. Either of these documents shall be sent to the Requesting State and if service or delivery cannot be effected, reasons shall be given.\n\n  \n\nSCHEDULE—continued\n\nARTICLE 9\n\nAPPEARANCE OF PERSON’S IN THE REQUESTING STATE\n\n1\\. The Requesting State may request the assistance of the Requested State in making a person available to appear as a witness or an expert in proceedings in relation to a criminal matter in the Requesting State, unless that person is the person charged, or to assist investigations in relation to a criminal matter in the Requesting State.\n\n2\\. A request pursuant to paragraph 1 of this Article shall include a statement setting out why the Requesting State considers it is especially necessary that the person appear in that State.\n\n3\\. The Requested State shall invite the person named in the request to comply with it and shall inform the Requesting Stale of that person’s answer.\n\n4\\. Any coercive measures or penalties provided under the law of the Requesting State shall not have any effect if the person fails to consent.\n\n5\\. A request for the appearance of a person in the Requesting State may be refused if it is received less than 45 days before the date for appearance notified in the summons. The Requesting State shall bear this period in mind when it makes the request.\n\n6\\. The request shall state the per diem, allowances and other amounts which the person summoned is entitled to receive in complying with the request.\n\nARTICLE 10\n\nAPPEARANCE OF PRISONERS IN THE REQUESTING STATE\n\n1\\. Subject to the provisions of Article 9. insofar as they are applicable, a person who is in custody in the territory of the Requested State may be requested to appear as a witness in proceedings in relation to a criminal matter or requested to assist in investigations in the Requesting State and for these purposes may be transferred temporarily provided that the person is returned to the Requested State within the period specified by that State.\n\n2\\. Transfer shall not be permitted:\n\n(a) if the person in custody does not consent;\n\n(b) if that person’s presence is required for the purposes of pending criminal proceedings;\n\n(c) if the transfer may result in the extension of the person’s detention; or\n\n(d) if the Requested State opposes the transfer for any other serious reason.\n\n3\\. The person transferred shall be maintained in custody in the territory of the Requesting State, unless the Requested State permits the person to be set at liberty. Thereafter the person shall be treated as a person referred to in article 9.\n\nARTICLE 11\n\nSAFE CONDUCT AND IMMUNITY\n\n1\\. A person who consents to give evidence or assist an investigation in the Requesting State under Articles 9 or 10 shall not whilst in the Requesting State pursuant to a request;\n\n(a) be detained, prosecuted or punished in that Slate for any offence or be subject to any civil suit, to which the person could not be subjected but for his or her presence in that State, in respect of any act or omission which preceded the person’s departure from the Requested State; or\n\n  \n\nSCHEDULE—continued\n\n(b) without that person’s consent, be required to give evidence in any proceeding other than the proceeding to which the request relates.\n\n2\\. The immunity provided for in the preceding paragraph shall cease when the person remains voluntarily more than 30 days in the territory of the Requesting State after the time when that person’s presence is no longer required by that State or having left returns voluntarily.\n\n3\\. A person appearing in a proceeding in the Requesting State pursuant to a request under Articles 9 or 10 shall not be subject to prosecution based on his or her testimony except that that person shall be subject to the laws of that State in relation to contempt and perjury.\n\nARTICLE 12\n\nPROVISION OF PUBLIC AND OFFICIAL DOCUMENTS\n\n1\\. The Requested State shall provide copies of any documents or records that are open to public access as part of a public register or otherwise, or that are available for purchase by the public.\n\n2\\. The Requested State may in its discretion provide copies of any official documents or records in the same manner and under the same conditions as such documents or records may be provided to its own law enforcement and judicial authorities.\n\nARTICLE 13\n\nPROVISION OF CRIMINAL RECORDS AND DETAILS OF PRISON SENTENCES\n\n1\\. When cither of the Contracting States requests the other to provide the criminal record of a person, that State shall state the reason for the request. The criminal record shall be provided if this is not prohibited by the law of the Requested State.\n\n2\\. The Contracting States shall, as far as possible, notify each other of any penalties of imprisonment imposed on the nationals of the other State.\n\nARTICLE 14\n\nSEARCH AND SEIZURE\n\nThe Requested State shall, insofar as its law permits, carry out requests for search, seizure and delivery of any material to the Requesting State provided the request contains information that would justify such action under the law of the Requested State.\n\nARTICLE 15\n\nPROCEEDS OF CRIME\n\n1\\. Upon request, the Requested State shall endeavour to locate any property or assets of a person against whom a forfeiture or confiscation order, pecuniary penalty order, fine in lieu of such order, or any other order having a similar effect, has been made or may be made by a court in the Requesting State in relation to a conviction for criminal conduct.\n\n2\\. The Requesting State shall observe any conditions imposed by the Requested State in relation to any seized property which is delivered to the Requesting State.\n\n3\\. Where pursuant to paragraph 1, property or assets are located, the Requested State may assist with or initiate such proceedings as are permitted by its law to\n\n  \n\nSCHEDULE—continued\n\nprevent any dealing in transfer or disposal thereof, pending a final determination in respect of that property or those assets in any proceedings before a court of the Requesting or Requested State.\n\n4\\. The Requested State shall give effect to the extent possible under its domestic law to an order mentioned in paragraph 1 made by a court of the Requesting State or may initiate proceedings in relation to the property or assets found in the Requested State.\n\n5\\. In the application of this Article the rights of bona fide third parties shall be respected.\n\n6\\. This Article also applies to property used in the commission of the offence.\n\nARTICLE 16\n\nCONFIDENTIALITY\n\n1\\. The Requested State shall, if so requested, keep the application for assistance, the contents of a request and its supporting documents, and the fact of granting or refusing such assistance, confidential. If the request cannot be executed without breaching confidentiality, the Requested State shall so inform the Requesting State which shall then determine whether the request should be executed without such confidentiality.\n\n2\\. The Requesting State shall, if so requested, keep confidential evidence and information provided by the Requested State, except to the extent that the evidence and information is needed for the investigation and proceeding described in the request.\n\n3\\. The Requesting State shall not use evidence obtained for purposes other than those stated in a request without the prior consent of the Requested State.\n\nARTICLE 17\n\nCONTENTS OF REQUESTS\n\n1\\. The request for assistance shall contain the following:\n\n(a) the name of the competent authority from which the request emanates:\n\n(b) except in case of a request for service of documents or the delivery of property, a description of the nature of the criminal matter including a statement setting out the relevant facts and law;\n\n(c) to the extent possible, the identity, nationality and location of the person or persons who are the subject of the investigation or proceeding;\n\n(d) an exact description of the assistance requested and any information considered useful for facilitating the effective fulfilment of the request;\n\n(e) details of any particular procedure or requirement that the Requesting State wishes to be followed; and\n\n(f) the requirements, if any, of confidentiality and the reasons therefor.\n\n2\\. Requests and supporting documents shall be transmitted in the language of the Requesting State.\n\nARTICLE 18\n\nAUTHENTICATION\n\nWhere authentication is requested, any material or document is authenticated for the purposes of this Treaty if;\n\n(a) it purports to be signed or certified by a judge, magistrate or officer in or of the sending State; and\n\n  \nSCHEDULE—continued\n\n(b) it purports to be authenticated by an official or public seal of the sending State.\n\nARTICLE 19\n\nREPRESENTATION\n\nThe Requested State shall represent the Requesting State in the execution of any requests arising under this Treaty.\n\nARTICLE 20\n\nEXPENSES\n\nThe Requested State shall meet the cost of fulfilling the request for assistance except that the Requesting State shall bear;\n\n(a) the expenses associated with conveying any person to or from the territory of the Requested State, and any fees, allowances or expenses payable to that person whilst in the Requesting State pursuant to a request under Articles 9 or 10;\n\n(b) the expenses associated with conveying custodial or escorting officers; and\n\n(c) where required by the Requested State, exceptional expenses in fulfulling the request.\n\nARTICLE 21\n\nPRESERVATION OF OTHER TREATIES AND ARRANGEMENTS\n\nThis Treaty shall not derogate from obligations subsisting between the Contracting States, whether pursuant to other treaties or arrangements or otherwise, nor prevent the Contracting States providing assistance to each other pursuant to other treaties or arrangements.\n\nARTICLE 22\n\nENTRY INTO FORCE AND TERMINATION\n\n1\\. This Treaty shall enter into force on the last day of the month following the month in which the Contracting States have notified each other in writing through the diplomatic channel that their respective requirements for entry into force have been complied with.\n\n2\\. Either Contracting State may terminate this Treaty by notice in writing at any time and it shall cease to be in force on the last day of the third month following the month in which notice is given.\n\nIN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Treaty.\n\nDONE at Madrid on the third day of July, One thousand nine hundred and eighty-nine, in the English and Spanish languages, both texts being equally authentic.\n\nFOR AUSTRALIA FOR THE KINGDOM OF SPAIN\n\nMichael Carter Tate Enrique Múgica Herzog\n\nMinister for Justice Ministro de Justicia\n\nNOTE\n\n1\\. Notified in the Commonwealth of Australia Gazette on 21 December 1990.\n\nPrinted by Authority by the Commonwealth Government Printer","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulations do not expand the Act’s universal purpose; they activate the Act in relation to Spain by implementing the bilateral Treaty of 3 July 1989. The Treaty itself specifies exclusions and limits (e.g. no extradition/detention for extradition, limits on execution of foreign sentences, searches/seizures conditioned on dual‑criminality — Article 1, and refusal grounds in Article 2), so the scope of assistance is defined by the Treaty rather than broadening Australian mutual‑assistance obligations."},"complexity_factors":["Interplay between domestic Act and bilateral Treaty (Regulation 4; Treaty Articles 1 and 4) — requires applying Australian law subject to treaty terms.","Wide range of assistance types (evidence, searches, seizures, document production, prisoner/witness transfer, proceeds of crime) across multiple Articles (1, 5, 9–11, 14, 15) increases procedural variety.","Discretion and conditionality: Requested State may refuse or impose conditions (Article 2; Article 4.3) creating case‑by‑case legal judgment and administrative discretion.","Central authority and transmission rules (Article 3) and diplomatic channel requirements create procedural dependencies and potential delay.","Confidentiality constraints (Article 16) and limits on use of obtained evidence (Article 16.3) impose compliance and record‑keeping obligations.","Cost allocation rules (Article 20) split ordinary execution costs and exceptional/transport costs, producing financial decisions and potential reimbursement negotiations.","Limitations tied to domestic law of the Requested State (e.g. searches/seizures only if offence is also an offence under that law — Article 1.5) require dual‑legal analysis.","Procedural requirements for requests (contents, language, authentication) add technical formalities (Articles 17–18).","Special protections for persons (immunity/safe conduct under Article 11; consent and notice periods under Articles 9–10) introduce human‑rights and custody considerations."],"plain_english_summary":"These Regulations apply the Mutual Assistance in Criminal Matters Act 1987 to Spain by giving effect to the 1989 Australia–Spain Treaty. They set the practical rules for how Australian and Spanish authorities request and provide cross‑border criminal‑law assistance — covering evidence‑taking, service of documents, searches and seizures, appearance or temporary transfer of witnesses or prisoners, proceeds‑of‑crime measures, confidentiality and cost allocation (Article 20).\n\nThe instrument affects judicial authorities, prosecutors, designated central offices, persons asked to give evidence or produce material, and any agencies asked to execute requests; it changes how those actors must cooperate and who bears certain expenses and procedural burdens."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: implementing the specific 1989 bilateral treaty between Australia and Spain regarding mutual assistance in criminal matters. The Regulations do not expand beyond giving domestic legal effect to the treaty terms agreed between the two nations."},"complexity_factors":["Straightforward bilateral treaty structure with 22 articles covering discrete topics (evidence, documents, prisoners, assets, etc.)","Only 2 defined terms in the Regulations proper ('the Act' and 'the Treaty')","Minimal cross-referencing—primarily internal references to other articles within the Treaty (e.g., 'subject to Article 9')","Clear conditional logic with explicit exceptions listed in Articles 1(3), 1(5), and 2 (refusal grounds)","No nested exceptions to exceptions; refusal grounds are flat lists","Substantive content is contained in a Schedule (the full treaty text) rather than complex regulatory drafting","Operational mechanics (Central Offices, authentication, expenses) are specified with reasonable clarity","Length is moderate—approximately 12 pages of treaty text plus brief regulatory apparatus"],"plain_english_summary":"This legislation creates a formal agreement between Australia and Spain to help each other investigate and prosecute crimes. It sets up rules for how the two countries share evidence, interview witnesses, serve legal documents, and track down criminal assets.\n\n**Key things this allows:**\n- **Taking evidence**: Spanish authorities can interview witnesses in Spain on Australia's behalf (and vice versa), with Australian lawyers sometimes allowed to attend and ask questions.\n- **Transferring prisoners to testify**: A prisoner in Spain can be temporarily moved to Australia to give evidence (if they consent and it doesn't extend their sentence).\n- **Sharing documents**: Both countries can request public records, court documents, and criminal histories from each other.\n- **Search and seizure**: Police in one country can search premises and seize evidence for the other country, provided the activity is illegal in both places.\n- **Tracking criminal proceeds**: Authorities can locate and freeze assets like money or property linked to crimes, and enforce foreign forfeiture orders.\n- **Safe conduct protections**: Witnesses who travel to give evidence are protected from being arrested or prosecuted for other matters while they're in the host country.\n\n**Important limits:**\n- Neither country has to help with political crimes, military offences, or if the request is seen as discriminatory (based on race, religion, etc.).\n- Australia can't ask Spain to arrest someone for extradition, transfer prisoners to serve sentences, or enforce Australian court punishments in Spain (with limited exceptions for proceeds of crime).\n- Requests generally go through diplomatic channels or designated \"Central Offices\" (Australia's Attorney-General's Department and Spain's Ministry of Justice).\n\n**Why it matters:**\nThis makes it harder for criminals to hide evidence or assets across borders. If someone commits fraud in Australia and flees to Spain, or hides money there, these rules create a streamlined process for Australian investigators to get Spanish cooperation—without needing to navigate Spain's legal system alone."}},"importantCases":[],"_links":{"self":"/api/acts/mutual-assistance-in-criminal-matters-spain-regulations","history":"/api/acts/mutual-assistance-in-criminal-matters-spain-regulations/history","analysis":"/api/acts/mutual-assistance-in-criminal-matters-spain-regulations/analysis","conflicts":"/api/acts/mutual-assistance-in-criminal-matters-spain-regulations/conflicts","importantCases":"/api/acts/mutual-assistance-in-criminal-matters-spain-regulations/important-cases","documents":"/api/acts/mutual-assistance-in-criminal-matters-spain-regulations/documents"}}